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Home My WebLink AboutCC Resolution 13504 (NTPP Mahon Cree Path)RESOLUTION NO. 13504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) MAHON CREEK PATH TO TRANSIT CENTER CONNECTOR PROJECT, CITY PROJECT NO. 11116, TO WEST BAY BUILDERS IN THE AMOUNT OF $58,040.00. WHEREAS, on the 2151 day of February, 2013, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Non -Motorized Transportation Pilot Program (NTPP) Mahon Creek Path to Transit Center Connector Project" City Project No. 11116 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of West Bay Builders at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael, that the bid of West Bay Builders is hereby accepted at said unit prices and that the contract for said work and improvements is hereby awarded to West Bay Builders at the unit prices mentioned in said bid. IT IS FURTHER ORDERED AND RESOLVED that the Public Works Director and the City Clerk of said City be authorized and directed to execute a contract with West Bay Builders in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. RESOLVED, FURTHER, that the Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 4`" day of March, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6&k -e -x <- - Aea ">� - ESTHER C. BEIRNE, City Clerk File No.: 16.01.241.04 4 City of San Rafael ♦ California Form of Contract Agreement for NTPP — Mahon Creek Path to Transit Center Connector Proiect Citv Proiect No. 11116: Federal Aid Proiect No. NMTPL-5043(024) This Agreement is made and entered into this 4th day of March, 2013 by and between the City of San Rafael (hereinafter called City) and West Bay Builders (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the pians and described in the specifications for the project entitled: Mahon Creek Path to Transit Center Connector Project, City Project No. 11116, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary with respect to any other insurance available to the City. II - Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within FIFTEEN (15) WORKING DAYS and with such extensions of time as are provided for in the General Conditions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of calendar days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City wiII sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $700 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE PRICE i BID 1 Mobilization (Not to Exceed 3% of 1 LS $1,000.00 $1,000.00 Base Bid) 2. Signs and Traffic Control 1 LS $4,850.00 $4,850.00 3. Clearing and Grubbing 1 LS $7,000.00 $7,000.00 Page 1 ITEMI ESTIMATED NO. DESCRIPTION QUANTITY UNIT BID (CONTINUED) 4. Minor Concrete — Minor Structures a. Type A Curb and Gutter 80 LF $28.00 $2,240.00 b. 4 -inch Thick PCC Sidewalk 650 SF $15.00 $9,750.00 c. Curb Ramp — Case A 3 EA $2,500.00 $7,500.00 d. 6 -inch Max. High Retaining Curb 25 LF $46.00 $1,150.00 5. Hot Mix Asphalt 15 TON $140.00 $2,100.00 6. Adjust Utility Box to Finished Grade 10 EA $500.00 $5,000.00 7. Pedestrian Barricade and Signage 1 EA $1,500.00 $1,500.00 8. Chain Link Fence 10 LF $50.00 $500.00 9 Install New Roadside Sign(s) on New Post 6 I EA $1,000.00 $6,000.00 10. Install Thermoplastic Pavement 865 SF $10.00 $8,650.00 Markings 11. Paint Curb Red 80 LF $10.00 $800.00 GRAND TOTAL $58,040.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. Page 2 CA V I V r. (c) The Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: ✓" �.......� ,rd';��n."k.„ .liY'� .r �.._r �" ,rte Esther C. Beirne Nader Mansourian City Clerk Publje�Works Director APPROVED AS TO FORM: CO T CTOR: Robert F. Epstein" For: p st ay Builders City Attorney File No.: 16.01.241.04 Page 3